New York appellate panel rules material issue exists as to liability for injury

摘要

Janice Haggray, as mother and natural guardian for Cyntrell Haggray, sued Shahin Malek a/k/a Shahin Malak, Larry D. Cook and Jewel A. Cook in the Albany County Supreme Court, alleging lead paint poisoning while living in an apartment owned by the Cooks. In January 1992, a blood test revealed that Cyntrell had an elevated blood-lead level while living in a different apartment than the premises in question. After moving into the Cooks' apartment, Cyntrell's blood-lead level "increased markedly," although the test revealing the increased lead exposure was taken a month after Cyntrell had moved to another apartment.